I hereby give notice that an ordinary meeting of the Regulatory and Bylaws Committee will be held on:

 

Date:                      

Time:

Meeting Room:

Venue:

 

Wednesday, 1 April 2015

8.30am

Level 2, Reception Lounge
Auckland Town Hall

301-305 Queen Street

Auckland

 

Regulatory and Bylaws Committee

 

OPEN AGENDA

 

 

 

 

MEMBERSHIP

 

Chairperson

Cr Calum Penrose

 

Deputy Chairperson

Cr Denise Krum

 

Members

Cr Bill Cashmore

 

 

Cr Linda Cooper, JP

 

 

Cr Alf Filipaina

 

 

Cr Sharon Stewart, QSM

 

 

Cr John Watson

 

 

Member Glenn Wilcox

 

 

Member Karen Wilson

 

 

Cr George Wood, CNZM

 

Ex-officio

Mayor Len Brown, JP

 

 

Deputy Mayor Penny Hulse

 

 

(Quorum 5 members)

 

 

 

 

Jaimee Maha

Democracy Advisor

 

24 March 2015

 

Contact Telephone: (09) 890 8126

Email: jaimee.maha@aucklandcouncil.govt.nz

Website: www.aucklandcouncil.govt.nz

 

 


 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

TERMS OF REFERENCE

 

 

The Regulatory and Bylaws Committee will be responsible for:

 

·         Considering and making recommendations to the Governing Body regarding the regulatory and bylaw delegations (including  to Local Boards);

·         Regulatory fees and charges in accordance with the funding policy;

·         Recommend bylaws to Governing Body for special consultative procedure;

·         Appointing hearings panels for bylaw matters;

·         Review Local Board and Auckland water organisation proposed bylaws and recommend to Governing Body;

·         Set regulatory policy and controls, and maintain an oversight of regulatory performance;

·         Engaging with local boards on bylaw development and review; and

·         Exercising the Council's powers, duties and discretions under the Sale of Liquor Act 1989 and the Sale and Supply of Alcohol Act 2012

 

Relevant legislation includes but is not limited to:

 

Local Government Act 2002;
Resource Management Act 1991;

Local Government (Auckland Council) Act 2009;

Health Act 1956;

Dog Control Act 1996;

Waste Minimisation Act 2008;

Land Transport Act 1994;

Maritime Transport Act 1994;
Sale of Liquor Act 1989;

Sale and Supply of Alcohol Act 2012; and
All Bylaws.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

EXCLUSION OF THE PUBLIC – WHO NEEDS TO LEAVE THE MEETING

 

Members of the public

 

All members of the public must leave the meeting when the public are excluded unless a resolution is passed permitting a person to remain because their knowledge will assist the meeting.

 

 

Those who are not members of the public

 

General principles

 

·         Access to confidential information is managed on a “need to know” basis where access to the information is required in order for a person to perform their role.

·         Those who are not members of the meeting (see list below) must leave unless it is necessary for them to remain and hear the debate in order to perform their role.

·         Those who need to be present for one confidential item can remain only for that item and must leave the room for any other confidential items.

·         In any case of doubt, the ruling of the chairperson is final.

 

Members of the meeting

 

·         The members of the meeting remain (all Governing Body members if the meeting is a Governing Body meeting; all members of the committee if the meeting is a committee meeting).

·         However, standing orders require that a councillor who has a pecuniary conflict of interest leave the room.

·         All councillors have the right to attend any meeting of a committee and councillors who are not members of a committee may remain, subject to any limitations in standing orders.

 

Staff

 

·         All staff supporting the meeting (administrative, senior management) remain.

·         Only staff who need to because of their role may remain.

 

Local Board members

 

·         Local Board members who need to hear the matter being discussed in order to perform their role may remain.  This will usually be if the matter affects, or is relevant to, a particular Local Board area.

 

IMSB

 

·         Members of the IMSB who are appointed members of the meeting remain.

·         Other IMSB members and IMSB staff remain if this is necessary in order for them to perform their role.

 

CCOs

 

·         Representatives of a CCO can remain only if required to for discussion of a matter relevant to the CCO.

 

 

 

 


Regulatory and Bylaws Committee

01 April 2015

 

ITEM   TABLE OF CONTENTS                                                                                        PAGE

1          Apologies                                                                                                                        7

2          Declaration of Interest                                                                                                   7

3          Confirmation of Minutes                                                                                               7

4          Petitions                                                                                                                          7  

5          Public Input                                                                                                                    7

6          Local Board Input                                                                                                          7

7          Extraordinary Business                                                                                                7

8          Notices of Motion                                                                                                          8

9          Proposed Air Quality Bylaw - update on developments and review of options    9

10        Air Quality - Update on commentary from the Commissioner for the Environment   13

11        Integrated Bylaws Review and Implementation Programme update – March 2015     17

12        2013/14 and 2012/13 Animal Management Annual Reports                                    27

13        Proposed changes to delegations on alcohol bans                                                69  

14        Consideration of Extraordinary Items 

 

 


1          Apologies

 

An apology from Deputy Mayor PA Hulse has been received.

 

 

2          Declaration of Interest

 

Members are reminded of the need to be vigilant to stand aside from decision making when a conflict arises between their role as a member and any private or other external interest they might have.

 

 

3          Confirmation of Minutes

 

That the Regulatory and Bylaws Committee:

a)         confirm the ordinary minutes of its meeting, held on Wednesday, 4 March 2015, including the confidential section, as a true and correct record.

 

 

4          Petitions

 

At the close of the agenda no requests to present petitions had been received.

 

 

5          Public Input

 

Standing Order 3.21 provides for Public Input.  Applications to speak must be made to the Committee Secretary, in writing, no later than two (2) working days prior to the meeting and must include the subject matter.  The meeting Chairperson has the discretion to decline any application that does not meet the requirements of Standing Orders.  A maximum of thirty (30) minutes is allocated to the period for public input with five (5) minutes speaking time for each speaker.

 

At the close of the agenda no requests for public input had been received.

 

 

6          Local Board Input

 

Standing Order 3.22 provides for Local Board Input.  The Chairperson (or nominee of that Chairperson) is entitled to speak for up to five (5) minutes during this time.  The Chairperson of the Local Board (or nominee of that Chairperson) shall wherever practical, give two (2) days notice of their wish to speak.  The meeting Chairperson has the discretion to decline any application that does not meet the requirements of Standing Orders.

 

This right is in addition to the right under Standing Order 3.9.14 to speak to matters on the agenda.

 

At the close of the agenda no requests for local board input had been received.

 

 


 

7          Extraordinary Business

 

Section 46A(7) of the Local Government Official Information and Meetings Act 1987 (as amended) states:

 

“An item that is not on the agenda for a meeting may be dealt with at that meeting if-

 

(a)        The local  authority by resolution so decides; and

 

(b)        The presiding member explains at the meeting, at a time when it is open to the public,-

 

(i)         The reason why the item is not on the agenda; and

 

(ii)        The reason why the discussion of the item cannot be delayed until a subsequent meeting.”

 

Section 46A(7A) of the Local Government Official Information and Meetings Act 1987 (as amended) states:

 

“Where an item is not on the agenda for a meeting,-

 

(a)        That item may be discussed at that meeting if-

 

(i)         That item is a minor matter relating to the general business of the local authority; and

 

(ii)        the presiding member explains at the beginning of the meeting, at a time when it is open to the public, that the item will be discussed at the meeting; but

 

(b)        no resolution, decision or recommendation may be made in respect of that item except to refer that item to a subsequent meeting of the local authority for further discussion.”

 

 

8          Notices of Motion

 

At the close of the agenda no requests for notices of motion had been received.

 


Regulatory and Bylaws Committee

01 April 2015

 

Proposed Air Quality Bylaw - update on developments and review of options

 

File No.: CP2015/03911

 

  

Purpose

1.       The purpose of the report is to update the Regulatory and Bylaws Committee on developments since October 2014 when the Governing Body referred the proposed draft Air Quality Bylaw back to the Regulatory and Bylaws Committee.

Executive Summary

2.       Since then the council has engaged with the Government on the actual nature and scale of air pollution in Auckland and how we can continue to work together to address this issue.

3.       This report provides a summary of that engagement and outlines the progress towards the development of an action plan to move the council towards compliance with the national air quality standards. The action plan will be presented back to this committee for consideration in June 2015.

 

Recommendation

That the Regulatory and Bylaws Committee:

a)      note the progress that is being made progress towards review of the national standard for air quality and the development of an action plan to move the council towards compliance with the standard.

 

Comments

4.       The national air quality standards classifies an airshed as polluted if, from 1 September 2012 the average number of exceedances of the PM10 standard over the previous five year period is more than one per year. 

5.       The Auckland urban airshed became officially polluted on 1 September 2012 due to the average number of exceedances of the PM10 standard in the five years previous was more than one per year (it averaged two). In 2013 there were three exceedances.

6.       In order for this “polluted” classification to be removed the air shed must go for five consecutive years with no more than one exceedance in any year.

7.       Even though the averaged exceedances over the past five years has dropped to one; the earliest that the Auckland airshed can have its “polluted” status removed would be 2018.

8.       On 21 October a draft Air Bylaw was presented to the Regulatory and Bylaws Committee. The committee resolved that the draft bylaw and statement of proposal be recommended to the Governing Body. The Committee also added the following resolution:

f)       request that a letter be sent to the Minister for the Environment, Hon Dr Nick Smith, Minister for Social Housing, Hon Paula Bennett, and the Minister Responsible for Housing New Zealand Corporation, Hon Bill English, to advise Central Government of the proposed methods that Auckland Council will take to meet the Air Quality National Standards, and to request Central Government assistance to mitigate the financial burden on Auckland’s most vulnerable communities (RBC/2014/48).

 

9.       On 30 October 2014, at the request of the chair of the Regulatory and Bylaws Committee, the Governing Body resolved as follows:

a)   agree that the draft Air Quality Bylaw be returned to the Regulatory and Bylaws Committee for further consideration at its February 2015 meeting, before being re-presented to the Governing Body for decision (GB/2014/119).

Considerations

 

Progress Update

10.     On 4 November 2014 the Deputy Mayor, Penny Hulse wrote to Minister for the Environment, Hon Dr Nick Smith, Minister for Social Housing, Hon Paula Bennett, and the Minister Responsible for Housing New Zealand Corporation, Hon Bill English. She requested Government support to enable Auckland to meet the national air quality standards.

11.     On 23 February 2015 the Minister for the Environment, Hon Nick Smith provided a response. He acknowledged the costs of the proposed measures and referred the council to the existing home insulation programmes of the Energy Efficiency and Conservation Authority.

12.     In December 2014, the Chief Planning Officer, Dr Roger Blakely sent letters to the Chief Executives of the Ministry for the Environment, the Ministry of Business, Innovation and Employment, Ministry of Social Development and the New Zealand Housing Corporation. He met government officials to:

·        outline the unique nature and scale of air pollution in Auckland.

·        request support for measures to mitigate the adverse impacts on vulnerable communities in  Auckland of meeting the standard

·        discuss appropriate measures

·        review and amendment of the standard.

13.     Government officials acknowledge:

·        the comparatively low level of exceedances of the national standard in Auckland

·        how its location reduces the likelihood of air pollution lingering in the environment.

·        that the population density in Auckland means that more people are likely to be exposed to air contamination when it occurs.

14.     On 5 March 2015, the Parliamentary Commissioner for the Environment released a report title ‘State of Air Quality in New Zealand’. She questions the current national standards and recommends review. A separate report providing more detail has been provided.

15.     The Ministry for the Environment, in response to our concerns, those of other councils and the commissioner report, has stated that a review of the national air quality standards will occur in 2016.

16.     No details about the specific timing and scope of the review of the air standard are known.  Any changes resulting from the review would most likely not be completed until at least 2017.

17.     During the recent hearing on the proposed Auckland Unitary Plan; submitters representing Industry raised their perception of equity issues about regulating emissions from industrial sources when the major contributor to adverse health effects associated with PM10 in Auckland - indoor fires are not regulated.

Next steps

18.     To assist ongoing conversations with central government about the national air standard review and to keep making progress towards compliance with the current standard we have engaged independent assistance.

19.     This will provide council with the most up to date information and advice on options to address PM10 in Auckland. This will include developing an action plan of options to be reported to this Committee in June 2015: This will include:

·        an independent audit of the data and modelling that has informed the development of the draft air quality bylaw

·        a clear and compelling story of the problem that reflects the unique context of the Auckland airshed and the difficulties this poses towards compliance

·        a review of approaches other councils around New Zealand have employed to accelerate PM10 reductions

·        an evaluation of the effectiveness of a range of regulatory and non-regulatory options including, but not limited to;

-     public awareness campaigns on the adverse effects of PM10

-     initiatives that promote burning clean, dry wood

-     cost neutral incentives to upgrade open fires to cleaner alternatives

-     the regulatory provisions currently contained in the Auckland Regional Air, Land and Water plan

-     the individual regulations proposed within the draft bylaw

-     the appropriateness of the standard for the Auckland problem

·        a qualitative assessment of the risks associated with the timing of various interventions

·        a recommended course of action for consideration

·        a clear outline of what Council is likely to be able to achieve and by when.

20.     Staff will then develop an action plan of options and report it back to this committee for its consideration in June 2015.

21.     A clear set of changes to the national air standard that will suit the Auckland air shed management will be developed. This will be used to advocate for change in meeting with  MfE staff and to increase the likelihood of Auckland’s unique circumstances being reflected in the review and any revised standard

Local Board views and implications

22.     The views of the local boards on the measures proposed in the draft bylaw and statement of proposal were considered by the committee in October 2014. As the purpose of the report is to update the committee, the views of local boards were not obtained for this report.

Māori impact statement

23.     The views of Māori on the measures proposed in the draft bylaw and statement of proposal were considered by the committee in October 2014. As the purpose of the report is to update the committee, the views of Māori were not obtained for this report.

 

Attachments

There are no attachments for this report.     

Signatories

Authors

Helgard Wagener - Team Leader Policies and Bylaws

Rebekah Stuart-Wilson - Principal Policy Analyst

Authorisers

Kataraina Maki - GM - Community & Social Policy

Michael Sinclair - Manager Social Policy and Bylaws

 


Regulatory and Bylaws Committee

01 April 2015

 

Air Quality - Update on commentary from the Commissioner for the Environment

 

File No.: CP2015/04137

 

  

Purpose

1.       To provide information on the Commissioner for the Environment’s “State of Air Quality in New Zealand” report. 

Executive Summary

2.       The Parliamentary Commissioner for the Environment has recommended to the Minister for the Environment that he initiate a review of how air quality is measured and managed.

3.       Auckland Council would welcome such a review and considered that it is well placed to be able to respond to any changes in the national air quality standards that may result.

 

Recommendation

That the Regulatory and Bylaws Committee:

a)      Note the recommendations made by the Parliamentary Commissioner for the Environment to the Minister for the Environment.

 

Comments

Background

4.       On 5 March, 2015, the Parliamentary Commissioner for the Environment released a report titled the “State of Air Quality in New Zealand”.

Recommendation to the Minister for the Environment

5.       The report recommended that the Minister for the Environment initiate a review of how particulate matter is managed that determines:

·    Whether PM2.5 should be measured across the country in airsheds where there is likely to be a problem

·    The value of setting rules for PM2.5 and for long-term exposure

·    Whether the PM10 short-term rule still has value

·    The impact of air quality rules on other public health issues, such as cold damp homes

·    How air quality policies might be designed so as to achieve progressive improvement

6.       Auckland Council has previously raised concerns with government that the current short term rules place undue weight on event and location specific incidents and would therefore welcome a review of this measure.

7.       The council already measures PM2.5 and assess Auckland’s air quality against the World Health Organisation guidelines for this measure as part of its internal monitoring. 

8.       A shift to PM2.5 could potentially increase the frequency of exceedances in the Auckland airshed. However, this would be mitigated by a concurrent shift towards long-term measures.

9.       Air quality policy approaches can create other unintended negative health impacts. For example, the impact on economically vulnerable sectors of the community has been a significant factor in the consideration of Auckland Council’s draft Air Quality Bylaw.

10.     A focus on progressive improvement would also give the council the opportunity to consider a more staggered roll out of regulatory and non-regulatory interventions that could reduce the risk of unintended negative health impacts and improve levels of acceptance in the community.

To date there has not been any formal statement from the Minister for the Environment in response to this report.  However the Ministry for the Environment Deputy Secretary of Sector Strategy; James Palmer; has said that the Ministry would consider the Parliamentary Commissioner's recommendations and indicated that a review had already been programmed in for next year.

Recommendation to the Government Statistician and the Secretary for the Environment

11.     The report also recommended to the Government Statistician and the Secretary for the Environment that they consider the following improvements when preparing environmental reports on air quality in the future. 

·    Clear conclusions on the state of the environmental domain are essential

·    Indicators chosen should not be given undue weight. All relevant information should be considered when drawing final conclusions

·    Location matters.  It is important to make it clear where an environmental issue is significant and where it is not

·    Indicating degree of uncertainty in major results is important.  This should include statistical testing of observed differences.

·    Modelled results should always be “ground-truthed” whenever possible

·    Limitations of models should be explained and

·    Future air domain reports would benefit from more analysis of natural sources of air pollution.

12.     These recommendations would not significantly impact on Auckland Council. The council collects comprehensive data on a wide range of measures that are beyond the minimum levels currently required. If the Secretary for the Environment were to develop a code of practice that required a more comprehensive and consistent approach to monitoring and reporting nationally, the council is well placed to respond.

Next Steps

13.     The Ministry for the Environment has not provided any specific details on the timing or the scope of any national air quality review or any indication of when any changes which may result from that review would come into effect. Because of this uncertainty, the council should continue to work and plan within the parameters of the existing National Environmental Standards.

14.     Council staff will also continue to work closely with the Ministry for the Environment and we shall be developing a clear position of changes we would like to see to input into the review as appropriate.

Consideration

Local Board views and implications

15.     As this is an information report Local Board views have not been specifically sought for the purposes of this report. 

Māori impact statement

16.     As this is an information report, there are no specific impacts on Māori that need to be considered for the purpose of this report.

Implementation

17.     There are no implementation implications from this report.

 

Attachments

There are no attachments for this report.    

Signatories

Authors

Helgard Wagener - Team Leader Policies and Bylaws

Rebekah Stuart-Wilson - Principal Policy Analyst

Authorisers

Kataraina Maki - GM - Community & Social Policy

Michael Sinclair - Manager Social Policy and Bylaws

 


Regulatory and Bylaws Committee

01 April 2015

 

Integrated Bylaws Review and Implementation Programme update – March 2015

 

File No.: CP2015/01795

 

  

Purpose

1.       To update on the Regulatory and Bylaws Committee on the Integrated Bylaw Review and Implementation programme.

Executive Summary

2.       The Integrated Bylaw Review and Implementation Programme has been established to review the legacy bylaws and support the adoption and implementation of new bylaws for Auckland, before the end of October 2015.

3.       Since the previous update report in October 2014 the following bylaw reviews have been progressed to significant milestones:

·  Alcohol Control Bylaw (adopted)

·  Outdoor Fire Safety Bylaw (adopted)

·  Health and Hygiene Bylaw (amendments adopted)

·  Commercial sex industry bylaws (decision to lapse)

·  Trading and Events in Public Places Bylaws (hearings completed)

·  AC Traffic Bylaw (hearings completed)

·  Animal Management Bylaw (hearings commenced)

·  Signage Bylaw (hearings commenced)

·  Stormwater Bylaw (hearings commenced)

·  Water Supply and Wastewater Network Bylaw (submissions open).

4.       Permits under the Outdoor Fire Safety Bylaw are now supported by an improved tablet-based system. Implementation planning for these bylaws is well underway and contact was made in January with current licensees to let them know about the changes.

5.       Detailed planning is also underway for implementing the final outcomes from the bylaw proposals noted above that have recently been consulted on. Several of these are planned to come into force on 1 July 2015 to align with a streamlined fees structure that is being considered as part of the long-term plan process.

 

Recommendations

That the Regulatory and Bylaws Committee :

a)      note the report.

b)      note the decision of the Regional Strategy and Policy Committee (REG/2014/138) that the legacy council commercial sex industry bylaws will be allowed to lapse as relevant considerations are addressed in other bylaws and the Proposed Auckland Unitary Plan.

 

 

Comments

Background to the Integrated Bylaw Review and Implementation Programme

6.       Auckland Council inherited a set of legacy bylaws from the former councils, covering approximately 30 topics. These bylaws will expire at the end of October 2015 unless the council makes an explicit decision on them before that date.

7.       The Integrated Bylaw Review and Implementation Programme has been established to review these bylaws and prepare a new bylaw for each topic where appropriate, and to make and communicate the necessary changes so that the council can operate the new bylaws and achieve the outcomes sought from each bylaw. The programme will also work with affected parties where a legacy bylaw is not replaced by a new bylaw.

8.       The Regulatory and Bylaws Committee and local boards receive regular updates on the programme. The previous update was provided to the committee in October 2014 (refer CP2014/23793 and RBC/2014/44). This report covers October 2014 to February 2015. It provides an update on the various topics included in the programme, and attachment A provides an overview of the timeline through to October 2015.

Update on review stage for bylaw topics

9.       Tables one and two below show the current status of the review topics and provide further comments for particular topics.

Table 1: Summary of status and next steps for review of bylaw topics

Topic

Status and Progress – 7 stages

Comments

 

Status

1-Preparation

2-Pre-consultation

3-Options

4-Write Bylaw

5-Adopt draft

6-Spec Cons Proc

7-Adopt final

 

Bylaw reviews completed

 

 

 

 

 

 

 

 

 

Alcohol control

G

 

 

 

 

 

 

 

Completed this period

Cemeteries and crematoria

G

 

 

 

 

 

 

 

Completed

Commercial sex industry

G

 

 

 

 

 

 

 

Completed this period

Dog management

G

 

 

 

 

 

 

 

Completed

Election signs

G

 

 

 

 

 

 

 

Completed

Food safety

G

 

 

 

 

 

 

 

Completed

General administration

G

 

 

 

 

 

 

 

Completed

Hazardous substances

G

 

 

 

 

 

 

 

Completed

Health and hygiene

G

 

 

 

 

 

 

 

Completed

See below

Navigation safety (including lifejackets)

G

 

 

 

 

 

 

 

Completed

Offensive trades

G

 

 

 

 

 

 

 

Completed

Outdoor fire safety

G

 

 

 

 

 

 

 

Completed

Public safety and nuisance

G

 

 

 

 

 

 

 

Completed

Solid waste (Waste m/ment)

G

 

 

 

 

 

 

 

Completed

Trade waste

G

 

 

 

 

 

 

 

Completed

Transport (Auckland Transport)

G

 

 

 

 

 

 

 

Completed

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Work programme

 

 

 

 

 

 

 

 

 

Trading and events in public places

G

 

 

 

 

 

 

 

 

Signage

A

 

 

 

 

 

 

 

See below

Traffic (Parks and other council controlled land)

G

 

 

 

 

 

 

 

 

Animal management

G

 

 

 

 

 

 

 

See below

Stormwater management

G

 

 

 

 

 

 

 

 

Water supply and wastewater network

G

 

 

 

 

 

 

 

See below

Regional film fees

G

 

 

 

 

 

 

 

See below

Property maintenance and nuisance (previously Construction / Environmental protection)

G

 

 

 

 

 

 

 

See below

Onsite wastewater

G

 

 

 

 

 

 

 

 

Freedom camping

G

 

 

 

 

 

 

 

 

Set netting (incl Arkles Bay)

G

 

 

 

 

 

 

 

See below

Review of current Alcohol bans

G

 

 

 

 

 

 

 

 

Dog access rules – review 2015

G

 

 

 

 

 

 

 

See below

Boarding houses and hostels

G

 

 

 

 

 

 

 

See below

Orakei Basin, Wharfs & marinas

G

 

 

 

 

 

 

 

 

Recreational and cultural facilities

G

 

 

 

 

 

 

 

 

Trading and events in public places

G

 

 

 

 

 

 

 

 

Status summary codes

G

Green - Work is progressing as planned, due date will be met or any revised date will not have wider impacts

A

Amber – Original due date at risk of being missed and this may have wider impacts; or an issue has arisen.

R

Red - Due date has or will be missed and this will have wider impacts; or an issue has arisen that will have wider or significant impacts.

B

Blue - Not yet scheduled. However, background work is underway.

 

 

Table 2: Additional comments for particular topics in the bylaw review programme

 

Review of current alcohol controls

On track

G

Following the adoption of the Alcohol Control bylaw in December, the review of the specific alcohol bans has begun.  Local Boards are making decisions on the level of consultation and the quality of evidence required to determine if the current bans are to be retained.

 

Animal management

On track

G

The proposed animal management bylaw was publicly notified on 15 August 2014 and submissions closed on 15 September. A total of 125 submissions were received, of which 27 submitters indicated they would like to speak to their submission. Hearings are currently underway and a governing body decision adopting the bylaw is expected in April 2015.

 

Boarding houses, hostels

On track

G

Currently staff are undertaking inspections of a sample of 20 boarding houses in the legacy Manukau City Council area.

The inspections will gather information on the overall compliance of boarding houses and the effectiveness of current legislation to address any non-compliance. This information will contribute to the review of regulatory powers and assess if any gaps in the council’s ability to ensure safe and healthy boarding houses exist.

 

Commercial sex industry

Completed

G

The council’s approach to regulating the commercial sex industry was considered by the Regional Strategy and Policy Committee in December 2014 (CP2014/26116). The committee endorsed allowing the legacy brothel bylaws to lapse and regulating the industry through general provisions in the Health and Hygiene Bylaw, the proposed signage bylaws and the Proposed Auckland Unitary Plan. (REG/2014/138). This aligns with the approached adopted earlier by the Regulatory and Bylaws Committee in its consideration of the Health and Hygiene and proposed signage bylaws.

 

Health and hygiene bylaw

On track

G

This bylaw was adopted in June 2013.  Further amendments to exempt pharmacists from the requirement to obtain a licence to provide commercial ear-piercing services were adopted by the Governing Body in October and these changes came into effect in November 2014.

 

Regional film charges

On track

G

The proposed Trading and Events in Public Places Bylaw requires film makers to get council approval before filming in public places. The charges for this are set out in the Auckland Film Protocol and amendments to these are currently being consulted on. Once the amended fees have been adopted, Screen Auckland will ensure these are effectively implemented.

 

Set netting controls

On track

G

The Public Safety and Nuisance Bylaw 2013 enables the council to set controls on recreational activities, such as set netting, if they are causing a nuisance or impacting on public safety. A temporary set net control has been adopted and implemented for two beaches at Shakespear Regional Park in December. Regional parks staff have been enforcing this control and to date have indicated that it has been successful due to education and monitoring.

 

Monitoring of set netting activity is being undertaken at Hatfields, Browns Bay and Omaha beaches by council staff and the Ministry of Primary Industries to determine whether further set netting controls may also be required in these locations. Staff will be updating the Rodney and Hibiscus and Bays local boards in May on the effectiveness of the summer ban and the scheduled review of the current Arkles Bay set net bylaw.

 

Signage

On track

A

After two days of hearing submissions on the proposed signage bylaws by a joint Auckland Transport and Auckland Council in November and December, a further hearing day has been arranged on 25 February. A further day is required to conclude the hearings and conduct public deliberations.

 

The relationship of the proposed bylaws with the Proposed Auckland Unitary Plan has concerned the submitters and staff are addressing these through the Proposed Auckland Unitary Plan mediation process and a proposed redraft of bylaw clauses. 

 

Water supply and wastewater network

On track

G

Watercare has developed a proposed Water Supply and Wastewater Network Bylaw to help protect Auckland’s water supply and wastewater network. The governing body approved the statement of proposal and the draft bylaw for public consultation on 18 December (GB/2014/154). Submissions on the proposed bylaw were open from 21 January to 25 February 2015.

Risks

10.     The status for the review of signage bylaws has changed to “amber” in this period. This has occurred due to difficulties scheduling hearings. The hearing process delays have not yet reached a point where it impacts on our ability to adopt the required signage bylaws by the critical date of 30 June 2015.  The timing is important due to the interdependency between bylaw adoption and the design and delivery of implementation actions (i.e. systems, infrastructure and staff training).

11.     There is an ongoing risk that further delays to the scheduling of hearings for the signage and other bylaws is highly likely to occur. There is currently a high demand for elected officials to sit on hearings across a range of projects including involvement in the Long Term Plan ‘Have Your Say’ events. To mitigate this risk staff are looking at a variety of options to increase the pool of people available for hearings and securing suitable dates that meet bylaw adoption timelines. 

Update on implementation stage for new bylaws

12.     Tables three and table four below show the current status of implementation projects and further comments for particular implementation projects.

Table 3: Summary of status and next steps for implementation projects

 

Implementation project name

Status and Progress

Link to bylaw topics / Other comments

 

Status

1-Preparation

2-Planning

3-Implementation

4-Closure

 

Completed

 

 

 

 

 

 

Alcohol licensing readiness

G

 

 

 

 

Completed

Animals (Stage 1 – Dog management)

G

 

 

 

 

Completed

Dog access review 2013

G

 

 

 

 

Completed

Electoral Signs 2013 and 2014

G

 

 

 

 

Completed

Food safety

G

 

 

 

 

Completed

Health protection

G

 

 

 

 

Completed

Public safety & nuisance

G

 

 

 

 

Completed

Waste management (Solid waste bylaw)

G

 

 

 

 

Completed

 

 

 

 

 

 

 

Underway

 

 

 

 

 

 

Dog access review 2014

G

 

 

 

 

 

Dog access review 2015

G

 

 

 

 

 

Outdoor fire safety

G

 

 

 

 

See below

Facilities – Cemeteries and crematoria

G

 

 

 

 

 

Marine – Navigation safety

G

 

 

 

 

 

Revoked and lapsing bylaws

G

 

 

 

 

General admin; Offensive trades; Hazardous substances; Commercial sex industry

Signage

A

 

 

 

 

See below

Stormwater

G

 

 

 

 

 

Trading and events in public places

G

 

 

 

 

See below

Animals (stage 2)

G

 

 

 

 

 

Alcohol control bans

G

 

 

 

 

See below

Traffic (AC land)

G

 

 

 

 

 

Property maintenance and nuisance

G

 

 

 

 

 

Freedom camping

G

 

 

 

 

 

Boarding houses and hostels

G

 

 

 

 

 

Water supply and wastewater network

G

 

 

 

 

 

 

 

 

 

 

 

 

Proposed future

 

 

 

 

 

 

Construction and Onsite wastewater

B

 

 

 

 

 

Marine – Orakei Basin, Marinas and Wharfs

B

 

 

 

 

 

 

Table 4: Additional comments for particular implementation projects

 

Alcohol control bans

On Track

G

Implementation planning is well underway for the review of current alcohol bans. There are around 1750 such bans across Auckland, most of which apply to parks or to town centres. Bans are shown on the council’s public GIS system and are also indicated by signs at each area. New legislation requires replacement of most of these signs and this is expected to take some months and cost in the region of $2M (assuming a standardised set of signs are used).

 

A report on how signs should be used to indicate alcohol bans will be considered by the committee in May. Detailed planning for replacement and updating of these signs will be completed after that meeting, and will also consider any emerging views from the government on possible regulations for such signs.

 


 

Outdoor fire safety

On Track

G

Staff have commenced issuing outdoor fire permits using a new tablet-based mobile technology, a significant improvement on the previously paper-based-system.

The rollout in December was part of the implementation of the new Outdoor Fires Safety Bylaw. Public information about outdoor fire safety has also been improved with the development of a new ‘Outdoor Fires’ landing page on the Auckland Council webpage.  Brochures are being distributed by the New Zealand Fire Service and Auckland Council staff.

 

Signage

On track

A

Unless the new bylaws are adopted by the council and Auckland Transport by June, the implementation of the new bylaws will be adversely affected as the single enabling measures and systems to integrate the current diverse systems will not be put in place in time.

 

Trading and events in public places

On Track

G

Licensees have been contacted to advise them when the new bylaw will come into effect (1 July 2015) and that the draft Long Term Plan (which has fees for a number of activities) is currently out for consultation. The requirement to obtain approval and pay fees for activities such as outdoor dining is a new requirement for some northern and southern areas (Rodney, Franklin and Papakura). Implementation planning is underway and a report on matters such as location rules for mobile shops is expected to be presented to the committee in June.

Consideration

Local Board Views and Implications

13.     This report does not raise any specific issues relating to local boards except those specifically referred to above.

Maori Impact Statement

14.     This report does not raise any specific issues relating to Māori. The review of each topic includes considering whether that topic includes any elements of special interest to Māori, and if so the appropriate way to seek a greater level of engagement. Where appropriate, consultation with Māori (on a particular topic) may be linked to consultation on other related topics through the Proposed Auckland Unitary Plan or other initiatives.

Implementation Issues

15.     The programme includes implementation and delivery for each bylaw, as noted above .

 

Attachments

No.

Title

Page

aView

Bylaw Programme timeline

25

     

Signatories

Authors

Helgard Wagener - Team Leader Policies and Bylaws

Authorisers

Grant Barnes - General Manager Licensing and Compliance Services

Kataraina Maki - GM - Community & Social Policy

Michael Sinclair - Manager Social Policy and Bylaws

 



Regulatory and Bylaws Committee

01 April 2015

 



Regulatory and Bylaws Committee

01 April 2015

 

2013/14 and 2012/13 Animal Management Annual Reports

 

File No.: CP2015/04585

 

  

Purpose

1.       To adopt the 2013/14 and 2012/13 Animal Management Annual Reports, in accordance to Section 10A of the Dog Control Act 1996.

Executive Summary

2.       The Auckland Council Animal Management Annual Reports for the Department of Internal Affairs cover the period 1 July 2013 to 30 June 2014 (ref attachment A) and 1 July 2012 to 30 June 2013 (ref attachment B).

3.       The key achievements of the 2013/2014 year include the registration of 100,756 dogs – a total of 96% of all known dogs. This is a slight reduction over the 2012/13 achievement of 97.4% of all known dogs. In both years, over 98% of Requests for Service were responded to within prescribed timeframes, far exceeding target. The Auckland Council Policy on Dogs was completed in 2012 and implementation began from the beginning of the 2013/14 financial year, and has since guided the processes and policies of the department.

4.       Key plans for 2014/2015 include the in-housing of the South and Central field services teams, at 1 November 2014, currently contracted to an external provider. This undertaking will assist with the consolidation of regional consistency in operations and operational processes.  It also presents an opportunity for improvements in efficiency and customer service with the introduction of a new technological dispatching system.

5.       The newly appointed Education Advisor will provide a region-wide, consistent focus on education to promote voluntary compliance with dog regulations, and to promote dog-safe and nuisance-free communities. Collaboration will be sought, encouraged and advanced with other organisations capable of improving and assisting the services provided by the animal management team.  In addition, the new Compliance Specialist will help streamline the prosecution approach and training, to ensure the best possible outcomes of prosecutions and enforcement.

 

Recommendation/s

That the Regulatory and Bylaws Committee:

a)      adopt the 2013/14 and 2012/13 Animal Management Annual Reports .

b)      note that the Animal Management Annual Report is required under Section 10A of the Dog Control Act 1996 and staff will provide a copy of each report to the Secretary of Local Government.

 

Attachments

No.

Title

Page

aView

2013/2014 Animal Management Annual Report

29

bView

2012/2013 Animal Management Annual Report

49

     

Signatories

Authors

Tracey Moore - Manager Animal Management, Licensing and Compliance Services  

Authorisers

Grant Barnes - General Manager Licensing and Compliance Services

Michael Sinclair - Manager Social Policy and Bylaws

 


Regulatory and Bylaws Committee

01 April 2015

 




















Regulatory and Bylaws Committee

01 April 2015

 

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Regulatory and Bylaws Committee

01 April 2015

 

Proposed changes to delegations on alcohol bans

 

File No.: CP2015/04306

 

  

Purpose

1.       To recommend an amendment to delegations made for decision-making on alcohol bans on Tūpuna Maunga to correct a technical oversight.

Executive Summary

2.       Decisions on alcohol bans are currently delegated to the Regulatory and Bylaws Committee and local boards.

3.       The intention was that a single body would have delegated responsibility to make decisions on alcohol bans on the Tūpuna Maunga.

4.       The establishment of the Tūpuna Maunga o Tāmaki Makaurau Authority has resulted in a lack of clarity about which body now has delegated authority to make decisions on alcohol bans on Tūpuna Maunga – the Regulatory and Bylaws Committee or local boards.

5.       Staff recommend that the current delegations be amended to clarify that the Regulatory and Bylaws Committee is responsible for decisions on alcohol bans on the Tūpuna Maunga.

 

Recommendation/s

That the Regulatory and Bylaws Committee:

a)      Recommends to the Governing Body that the delegations for decision-making to the Regulatory and Bylaws Committee on alcohol bans adopted in resolution GB/2014/121 be amended to include the underlined section as follows:

          The Regulatory and Bylaws Committee has decision-making responsibility in relation to alcohol bans on –

(a)     Any public place for which the Governing Body retains decision-making for non-regulatory activities as contained in the Long Term Plan.

(b)     Any regional park, including any associated park, road, beach or foreshore area.

(c)     All Tūpuna Maunga over which the Tūpuna Maunga o Tāmaki Makaurau Authority is the Administering Authority, including the Tūpuna Maunga vested in the Tūpuna Taonga o Tāmaki Makaurau Trust under the Ngā Mana Whenua o Tāmaki Makaurau Collective Redress Act 2014.

 

Background

6.       Decisions on alcohol bans are currently delegated to the Regulatory and Bylaws Committee and local boards (resolution GB/2014/121).

7.       The Regulatory and Bylaws Committee has decision-making responsibility on -

·        any public place for which the Governing Body retains decision-making for non- regulatory activities as contained in the Long Term Plan

·        any regional park, including any associated park, road, beach or foreshore area.

8.       Local boards have decision-making responsibility for alcohol bans on any other public place.

 

 

9.       The Auckland Council Long Term Plan 2012[1] defines regional parks in Schedule 1 as:

·        parks subject to Te Tiriti o Waitangi/The Treaty of Waitangi settlement as an interim measure until such time as that responsibility is allocated to co-governing body

·        those parks delivering Auckland-wide benefits.

10.     The establishment of the Tūpuna Maunga o Tāmaki Makaurau Authority has resulted in a lack of clarity about which body has delegated authority to make decisions on alcohol bans on Tūpuna Maunga – the Regulatory and Bylaws Committee or local boards.

11.     Council has been providing support to the Tūpuna Maunga o Tāmaki Makaurau Authority to develop its approach to alcohol on Tūpuna Maunga. The information provided to the Authority for their consideration included an options and analysis report outlining all possible regulatory and policy approaches.  This included the option of the Authority receiving a delegation from the Regulatory and Bylaws Committee to make decisions on alcohol bans under the Alcohol Control Bylaw 2014.

12.     At Hui 6 on 2 March 2015 the authority adopted a policy to declare Tūpuna Maunga as being alcohol and smoke-free areas and to formally request Council to make alcohol bans on all Tūpuna Maunga.

Comments

13.     The original intent of the delegation was that a single body would have delegated responsibility to make decisions on alcohol bans on the Tūpuna Maunga. The wording of the delegations now no longer clearly reflects that intent.

14.     The delegations do not provide guidance for decisions on Tūpuna Maunga subsequent to the responsibility for them being transferred to the Tūpuna Maunga o Tāmaki Makaurau Authority as the co-governing body.

15.     Staff recommend that the decision-making responsibility in relation to alcohol bans on the Tūpuna Maunga be delegated to the Regulatory and Bylaws Committee.

16.     This will provide a single body responsible for regulatory decision-making on alcohol bans in public places of regional significance.

17.     It is important that this technical oversight be resolved in April 2015, as decisions on further public engagement in relation to alcohol bans are scheduled to be made in May 2015. This is to ensure the council meets its statutory deadline to review all existing alcohol bans by 31 October 2015.

Consideration

Local Board views and implications

18.     Local board views and implications were not sought on this matter. The issue raised is of a technical nature and the decision relates to a matter of regional significance.

Māori impact statement

19.     The decision is most relevant to the Tūpuna Maunga o Tāmaki Makaurau Authority. The Authority has requested the council to make alcohol bans on the Tūpuna Maunga.


 

Attachments

There are no attachments for this report.    

Signatories

Authors

Shireen  Munday - Policy Analyst

Paul Wilson - Team Leader Bylaws

Authorisers

Kataraina Maki - GM - Community & Social Policy

Michael Sinclair - Manager Social Policy and Bylaws

     

    



[1] Auckland Council Long Term Plan 2012-2022, Volume 3, pages 4-12